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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71030
Experience:  Over 5 years in practice
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I have a question regarding parking outside apartment

Customer Question

I have a question regarding parking outside apartment complex I live in. I do not have an allocated space as they sold out before I bought my flat so I park, like many other residents, in a unallocated spaces. I have just received second parking ticked for parking on access roads/roadways. Now, where the car was parked is not an allocated space, has no yellow lines or signs indicting parking there is prohibited. I have not blocked anyone's parking space, access road, sidewalk.
Am I right to dispute the charge in that case?
Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is ***** ***** I will try to help with this. Who issued the penalty notice?
Customer: replied 2 years ago.
Hi, it was issued by CPM UK Car Park Management.
Expert:  Jo C. replied 2 years ago.
Does the ownership of your property include a parking space even if unallocated?
Customer: replied 2 years ago.
There is nothing about parking in the documents. We all presumed that it is like parking in residential area, as long as it is not a niusancw or obstruction, it is fine to park. There is a number of unallocated spaces but it seems no one is allowed to park there, although it was fine 3 months ago.
Expert:  Jo C. replied 2 years ago.
Are there signs up prohibiting parking?
What do they say?
Customer: replied 2 years ago.
No, there are no signs near unallocated spaces and nothing saying no parking there. There is a sign on the building saying that parking in someone else's space or obstructing access is not permitted. I don't recall exact wording but happy do take s photo and send if that would help?
Expert:  Jo C. replied 2 years ago.
You can do that and respond at your leisure.
I think they are relying anyway on the argument that you were obstructing access. To do that they have to show that the signs were clear and adequate in order to tie you into a contract on that basis. That is probably not going to be too difficult to do as it is the type of thing that a Judge would say the law would imply.
Then they would have to show that you did, in fact, obstruct access. You seem to deny that and it will turn upon the facts of the case.
However, this is a private land fine and it is very unlikely they will sue unless you accrue literally ten or more of them. It is not cost effective to do so. Nobody can stamp out the risk but it is not likely.
What they will do is send it to debt collectors to pester you.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thank you Jo, this is extremely helpful! All the best. Jo
Expert:  Jo C. replied 2 years ago.
No problem
All the best.